§ 44701. General requirements

§ 44701. General requirements

(a) Promoting Safety.— The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing—

(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, cybersecurity, and performance of aircraft, aircraft engines, and propellers;

(2) regulations and minimum standards in the interest of safety for—

(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;

(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and

(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;

(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight;

(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and

(5) regulations and minimum standards for cybersecurity and other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.

(b) Prescribing Minimum Safety Standards.— The Administrator may prescribe minimum safety standards for—

(1) an air carrier to whom a certificate is issued under section 44705 of this title; and

(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.

(c) Reducing and Eliminating Accidents.— The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or recurrence of accidents in air transportation. However, the Administrator is not required to give preference either to air transportation or to other air commerce in carrying out this chapter.

(d) Considerations and Classification of Regulations and Standards.— When prescribing a regulation or standard under subsection (a) or (b) of this section or any of sections 44702–44716 of this title, the Administrator shall—

(1) consider—

(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and

(B) differences between air transportation and other air commerce; and

(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.

(e) Bilateral Exchanges of Safety Oversight Responsibilities.—

(1) In general.— Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on International Civil Aviation and by a bilateral agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article 31 (Certificates of Airworthiness); or Article 32a (Licenses of Personnel).

(2) Relinquishment and acceptance of responsibility.— The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles listed in paragraph (1) for United States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad and described in paragraph (4)(B) that are transferred to the United States.

(3) Conditions.— The Administrator may predicate, in the agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for United States registered aircraft described in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation.

(4) Registered aircraft defined.— In this subsection, the term “registered aircraft” means—

(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and

(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.

(5) Foreign airworthiness directives.—

(A) Acceptance.— Subject to subparagraph (D), the Administrator may accept an airworthiness directive, as defined in section 39.3 of title 14, Code of Federal Regulations, issued by an aeronautical safety authority of a foreign country, and leverage that authority’s regulatory process, if—

(i) the country is the state of design for the product that is the subject of the airworthiness directive;

(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;

(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has an aircraft certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;

(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness directives; and

(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.

(B) Alternative approval process.— Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness directive instead of accepting an airworthiness directive otherwise eligible for acceptance under such subparagraph, if the Administrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness directive or the United States aviation system.

(C) Alternative means of compliance.— The Administrator may—

(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or

(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph, approve an alternative means of compliance with respect to the airworthiness directive.

(D) Limitation.— The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the airworthiness directive addresses matters other than those involving the safe operation of an aircraft.

(f) Exemptions.— The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest.

(g) Exclusive Rulemaking Authority.— Notwithstanding any other provision of law and except as provided in section 40131, the Administrator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to prescribe regulations for purposes of assuring the cybersecurity of civil aircraft, aircraft engines, propellers, and appliances.

(h) Policies, Orders, and Guidance.—

(1) Consistency of application.— The Administrator shall ensure consistency in the application of policies, orders, and guidance of the Administration by—

(A) audits of the application and interpretation of such material by Administration personnel from person to person and office to office;

(B) updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities, such as through repeated inconsistent interpretation; and

(C) ensuring officials are properly documenting findings and decisions throughout a project to decrease the occurrence of duplicative work and inconsistent findings by subsequent officials assigned to the same project.

(2) Alterations.— The Administrator shall consult as appropriate with regulated entities who will be impacted by proposed changes to the content or application of policies, orders, and guidance before making such changes.

(3) Authorities and regulations.— The Administrator shall issue policies, orders, and guidance documents that are related to a law or regulation or clarify the intent of or compliance with specific laws and regulations.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103–429, § 6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title VII, § 714, Apr. 5, 2000, 114 Stat. 161; Pub. L. 115–254, div. B, title II, § 242, Oct. 5, 2018, 132 Stat. 3258; Pub. L. 118–63, title III, § 392, title VIII, § 822, May 16, 2024, 138 Stat. 1143, 1331.)

In this section, the word “Administrator” in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words “is empowered and it . . . be his duty to” and “and revising from time to time” are omitted as surplus. In clause (1), the words “as may be” are omitted as surplus. In clauses (2)–(5), the words “Reasonable” and “reasonable” are omitted as surplus and the word “rules” is omitted as being synonymous with “regulations”. In clause (5), the words “to provide adequately” are omitted as surplus.

In subsection (b)(1), the words “the operation of” are omitted as surplus. The words “under section 44705 of this title” are added for clarity.

In subsection (b)(2), the words “scheduled or unscheduled” are omitted as surplus.

In subsection (c), the words “carry out” are substituted for “exercise and perform his powers and duties under”, and the words “in carrying out” are substituted for “in the administration and enforcement of”, for consistency and to eliminate unnecessary words.

In subsection (d), before clause (1), the word “rules” is omitted as being synonymous with “regulations”. In clause (1), before subclause (A), the word “full” is omitted as surplus. In clause (1)(A), the word “provide” is substituted for “perform” for consistency in the revised title.

In subsection (e), the words “from time to time” are omitted as surplus. The word “rule” is omitted as being synonymous with “regulation”.

Pub. L. 103–429

This amends 49:44701(d) and (e) to correct erroneous cross-references.

Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, § 392(a)(1), inserted “cybersecurity,” after “quality of work,”.

Subsec. (a)(5). Pub. L. 118–63, § 392(a)(2), inserted “cybersecurity and” after “standards for” and substituted “procedures” for “procedure”.

Subsec. (g). Pub. L. 118–63, § 392(b), added subsec. (g).

Subsec. (h). Pub. L. 118–63, § 822, added subsec. (h).

2018—Subsec. (e)(5). Pub. L. 115–254 added par. (5).

2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).

1994—Subsecs. (d), (e). Pub. L. 103–429 substituted “any of sections 44702–44716” for “section 44702–44716”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Scalability of Safety Management Systems

Pub. L. 118–63, title III, § 308, May 16, 2024, 138 Stat. 1072, provided that: “In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator [of the Federal Aviation Administration] shall consider the scalability of such safety management system requirements, to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including— “(1) how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks; “(2) a review of traditional safety management techniques and the suitability of such techniques for small entities; “(3) the applicability of existing safety management system programs implemented by an entity; “(4) the suitability of existing requirements under part 5 of title 14, Code of Federal Regulations, for small entities; and “(5) other unique challenges relating to small entities the Administrator determines appropriate to consider.”

National Simulator Program Policies and Guidance

Pub. L. 118–63, title III, § 325, May 16, 2024, 138 Stat. 1085, provided that: “(a) Review.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations. “(b) Updates.—Upon completion of the review required under subsection (a), the Administrator shall, at a minimum, update relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations. “(c) Consultation.—In carrying out the review required under subsection (a), the Administrator shall convene and consult with entities required to comply with part 60 of title 14, Code of Federal Regulations, including representatives of—“(1) air carriers; “(2) flight schools certificated under part 141 of title 14, Code of Federal Regulations; “(3) training centers certificated under part 142 of title 14, Code of Federal Regulations; and “(4) manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title). “(d) GAO Study on FAA National Simulator Program.—“(1) In general.—Not later than 18 months after the date of enactment of this Act, the Comptroller General [of the United States] shall conduct a study on the National Simulator Program of the FAA [Federal Aviation Administration] that is part of the Training and Simulation Group of the Air Transportation Division. “(2) Considerations.—In conducting the study required under paragraph (1), the Comptroller General shall, at a minimum, assess—“(A) how the program described in paragraph (1) is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title); “(B) the staffing levels, critical competencies, and skills gaps of FAA personnel responsible for carrying out and supporting the program described in paragraph (1); and “(C) how the program described in paragraph (1) engages air carriers and relevant industry stakeholders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations. “(3) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the findings of the study conducted under paragraph (1).”

Aircraft Interchange Agreement Limitations

Pub. L. 118–63, title III, § 329, May 16, 2024, 138 Stat. 1086, provided that: “(a) Study.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a study of foreign interchange agreements. “(b) Contents.—In carrying out the study required under subsection (a), the Administrator shall address the following:“(1) Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements. “(2) Time limits for foreign aircraft interchange agreements. “(3) Minimum breaks between foreign aircraft interchange agreements. “(4) Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines. “(5) Limits for no more than 2 foreign aircraft on the interchange agreement. “(c) Briefing.—Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the results of the study required under subsection (a). “(d) Rulemaking.—Based on the results of the study required under subsection (a), the Administrator may, if appropriate, update the relevant sections of part 121 of title 14, Code of Federal Regulations.”

Tarmac Operations Monitoring Study

Pub. L. 118–63, title III, § 338, May 16, 2024, 138 Stat. 1093, provided that: “(a) In General.—The Director of the Bureau of Transportation Statistics, in consultation with relevant offices within the Office of the Secretary [of Transportation] and the FAA [Federal Aviation Administration] (as determined by the Secretary), shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports. “(b) Objectives.—The objectives of the study conducted under subsection (a) shall include the following:“(1) Determining the current state of ground source data coverage at airports. “(2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies. “(3) Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics. “(4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions. “(c) Pilot Program.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Director shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports. “(2) Requirements.—The pilot program established under paragraph (1) shall—“(A) include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic; “(B) terminate not more than 3 years after the date of enactment of this Act; and “(C) be subject to any guidelines issued by the Director. “(d) Report.—Not later than 4 years after the date of enactment of this Act, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.”

Improvements to Aviation Safety Information Analysis and Sharing Program

Pub. L. 118–63, title III, § 348, May 16, 2024, 138 Stat. 1107, provided that: “(a) In General.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with respect to safety data sharing and risk mitigation. “(b) Requirements.—In carrying out subsection (a), the Administrator shall—“(1) identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence; “(2) develop predictive capabilities to anticipate emerging safety risks; “(3) identify methods to improve shared data environments with external stakeholders; “(4) establish a robust process for prioritizing requests for safety information; “(5) establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data; “(6) identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—“(A) general aviation; “(B) air transportation and commercial aviation; “(C) rotorcraft operations; “(D) air ambulance operations; and “(E) aviation maintenance; “(7) establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and “(8) integrate safety data from unmanned aircraft system operators, as appropriate. “(c) Implementation.—In carrying out subsection (a), the Administrator shall—“(1) prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA [Federal Aviation Administration] critical aviation safety programs; and “(2) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria. “(d) Rule of Construction.—Nothing in this section shall be construed—“(1) to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or “(2) to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program. “(e) Briefing.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the progress of implementation of the Aviation Safety Information Analysis and Sharing Program, including—“(1) an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; “(2) a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones; “(3) steps taken to make improvements under subsection (b); and “(4) a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6).”

Part 135 Duty and Rest

Pub. L. 118–63, title III, § 351, May 16, 2024, 138 Stat. 1111, provided that: “(a) Part91Tail–end Ferry Rulemaking.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall require that any operation conducted by a flight crewmember during an assigned duty period under the operational control of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an intervening rest period, shall count towards the flight time and duty period limitations of such flight crewmember under part 135 of title 14, Code of Federal Regulations. “(b) Record Keeping.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regarding complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly document, at a minimum—“(1) flight crew assignments; “(2) flight crew prospective rest notifications; “(3) compliance with flight and duty times limitations and post-duty rest requirements; and “(4) duty period start and end times. “(c) Safety Management System Oversight.—The Administrator, in performing oversight of the safety management system of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, following the implementation of the final rule issued based on the final rule titled ‘Safety Management Systems’, and published on April 26, 2024 (89 Fed. Reg. 33068), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, including, at minimum, risks associated with—“(1) inadequate flight crewmember duty and rest periods; and “(2) incomplete records pertaining to flight crew rest, duty, and flight times. “(d) Organ Transportation Flights.—In updating guidance and policy pursuant to subsection (b), the Administrator shall consider and allow for appropriate accommodations, including accommodations related to subsections (b)(2) and (b)(4) for operators—“(1) performing organ transportation operations; and “(2) who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest.”

Ramp Worker Safety Call to Action

Pub. L. 118–63, title III, § 353, May 16, 2024, 138 Stat. 1112, provided that: “(a) Call to Action Ramp Worker Safety Review.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall initiate a Call to Action safety review of airport ramp worker safety and ways to minimize or eliminate ingestion zone and jet blast zone accidents. “(b) Contents.—The Call to Action safety review required pursuant to subsection (a) shall include—“(1) a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes; “(2) a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident; “(3) training and related educational materials for airport ramp workers, including supervisory and contract employees; “(4) any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets; “(5) a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport; “(6) a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and “(7) a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices. “(c) Report and Actions.—Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall—“(1) submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports; and “(2) initiate such actions as are necessary to act upon the findings of the review. “(d) Training Materials.—Not later than 6 months after the completion of the safety review required under subsection (a), the Administrator shall develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews, including supervisory and contract employees, that includes information on—“(1) the specific dangers and consequences of entering engine ingestion or jet blast zones; “(2) proper protocols to avoid entering an engine ingestion or jet blast zone; and “(3) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter. “(e) Consultation.—In carrying out this section, the Administrator shall consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators. “(f) Training Requirements.—Not later than 6 months after the publication of the training and related educational materials required under subsection (d), the Administrator may require any ramp worker, as appropriate, to receive the relevant engine ingestion and jet blast zone hazard training before such ramp worker may perform work on any airport ramp.”

Modernization and Improvements to Aircraft Evacuation

Pub. L. 118–63, title III, § 365, May 16, 2024, 138 Stat. 1132, provided that: “(a) Study.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. “(2) Contents.—“(A) Requirements.—The study required under paragraph (1) shall include—“(i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; “(ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; “(iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; “(iv) the research proposed in National Transportation Safety Board Safety Recommendation A–18–009; and “(v) any other analysis determined appropriate by the Administrator. “(B) Considerations.—In conducting the study under paragraph (1), the Administrator shall assess the following:“(i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. “(ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. “(iii) The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane. “(iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. “(v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. “(vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(x) The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(xi) The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane. “(xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA [Federal Aviation Administration] emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant. “(xiii) Any other factor determined appropriate by the Administrator. “(C) Definitions.—In this paragraph:“(i) Passenger load.—The term ‘passenger load’ means the number of passengers relative to the number of seats onboard the aircraft. “(ii) Passengers with disabilities.—The term ‘passengers with disabilities’ means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations. “(b) Aviation Rulemaking Committee for Evacuation Standards.—“(1) In general.—Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to—“(A) review the findings of the study; and “(B) develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. “(2) Composition.—The Committee shall consist of members appointed by the Administrator, including the following:“(A) Representatives of industry. “(B) Representatives of aviation labor organizations. “(C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. “(D) Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. “(E) Representatives of the senior citizen community. “(F) Representatives of pediatricians. “(3) Considerations.—In reviewing the findings of the study conducted under subsection (a) and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following:“(A) The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121. “(B) Scientific data derived from the study conducted under subsection (a). “(C) Any data gathered from aviation safety reporting programs. “(D) The cost-benefit analysis and risk analysis of any recommended standards. “(E) Any other item determined appropriate by the Committee. “(c) Report to Congress.—Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on—“(1) the findings of the study conducted under subsection (a); “(2) the recommendations of the Committee under subsection (b)(1)(B); and “(3) the Administrator’s plan, if any, to implement such recommendations. “(d) Rulemaking.—Not later than 90 days after submitting to Congress the report under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator considers appropriate.”

25-Hour Cockpit Voice Recorder

Pub. L. 118–63, title III, § 366, May 16, 2024, 138 Stat. 1135, provided that: “(a) In General.—“(1) Cockpit voice recorder for newly manufactured aircraft.—A covered operator may not operate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act [May 16, 2024] unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision. “(2) Cockpit voice recorder for covered aircraft.—Not later than 6 years after the date of enactment of this Act, a covered operator may not operate a covered aircraft unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision. “(b) Prohibited Use.—The Administrator [of the Federal Aviation Administration] or any covered operator may not use a cockpit voice recorder recording for a certificate action, civil penalty, or disciplinary proceedings against a flight crewmember. “(c) Rulemaking.—Not later than 3 years after the date of enactment of this Act, the Administrator shall—“(1) issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and “(2) issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder—“(A) is protected from unlawful or unauthorized disclosure to the public; “(B) is used exclusively by a Federal agency or a foreign accident investigative agency for a criminal investigation, aircraft accident, or aircraft incident investigation; and “(C) is not deliberately erased or tampered with following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, for which civil and criminal penalties may be assessed in accordance with section 1155 of title 49, United States Code, and section 32 of title 18, United States Code. “(d) Savings Clause.—Nothing in this section shall be construed as rescoping, constraining, or otherwise mandating delays to FAA [Federal Aviation Administration] actions in the notice of proposed rulemaking titled ‘25–Hour Cockpit Voice Recorder (CVR) Requirements, New Aircraft Production’, issued on December 4, 2023 (88 Fed. Reg. 84090). “(e) Rule of Construction.—Nothing in this section shall be construed to affect—“(1) the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code; “(2) the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or “(3) the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations. “(f) Definitions.—In this section:“(1) Covered aircraft.—The term ‘covered aircraft’ means—“(A) an aircraft operated by an air carrier under part 121 of title 14, Code of Federal Regulations; or “(B) a transport category aircraft designed for operations by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an aircraft. “(2) Covered operator.—The term ‘covered operator’ means the operator of a covered aircraft.”

Staffing Model for Aviation Safety Inspectors; Safety-Critical Staffing

Pub. L. 118–63, title IV, §§ 430, 431, May 16, 2024, 138 Stat. 1172, 1173, provided that: “SEC. 430. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.“(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and, as necessary, revise the staffing model for aviation safety inspectors. “(b) Requirements.—“(1) Consideration of prior studies and reports.—In reviewing and revising the model, the Administrator shall take into consideration the contents and recommendations contained in the following:“(A) The 2006 report released by the National Research Council titled ‘Staffing Standards for Aviation Safety Inspectors’. “(B) The 2007 study released by the National Academy of Sciences titled ‘Staffing Standards for Aviation Safety Inspectors’. “(C) The 2013 report released by Grant Thornton LLP, titled ‘ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report’. “(D) The 2021 report released by the inspector general of the Department of Transportation titled ‘FAA [Federal Aviation Administration] Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities”.

“(E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note).

“(2) Assessments.—In carrying out this section, the Administrator shall assess the following:

“(A) Projected staffing needs at the service and office level.

“(B) Forecasted attrition of the aviation safety inspector workforce.

“(C) Forecasted workload of aviation safety inspectors, including responsibilities associated with overseeing aviation manufacturers and new airspace entrants.

“(D) Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the office level.

“(E) Work performed by aviation safety inspectors in comparison to designees acting on behalf of the Administrator.

“(F) Any associated performance metrics to inform periodic comparisons to actual aviation safety inspector staffing level results.

“(3) Consultation.—In carrying out this section, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.

“SEC. 431. SAFETY-CRITICAL STAFFING.

“(a) Implementation of Staffing Standards for Safety Inspectors.—Upon completion of the revised staffing model for aviation safety inspectors under section 430, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that are identified in such model to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including potentially increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service each fiscal year, as appropriate, so long as such staffing increases are measured relative to the number of individuals serving in safety-critical positions as of September 30, 2023.

“(b) Availability of Appropriations.—Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.

“(c) Safety-critical Positions Defined.—In this section, the term ‘safety-critical positions’ means—

“(1) aviation safety inspectors, aviation safety specialists (1801 job series), aviation safety technicians, and operations support positions in the Flight Standards Service; and

“(2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 job series), safety technical specialists, and operational support positions in the Aircraft Certification Service.”

Deterring Crewmember Interference

Pub. L. 118–63, title IV, § 432, May 16, 2024, 138 Stat. 1173, provided that: “(a) Task Force.—“(1) In general.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall convene a task force to develop voluntary standards and best practices relating to suspected violations of sections 46318, 46503, and 46504 of title 49, United States Code, including—“(A) proper and consistent incident documentation and reporting techniques; “(B) best practices for flight crew and cabin crew response, including de-escalation; “(C) improved coordination between stakeholders, including flight crew and cabin crew, airport staff, other Federal agencies as appropriate, and law enforcement; and “(D) appropriate enforcement actions. “(2) Membership.—The task force convened under paragraph (1) shall be comprised of representatives of—“(A) air carriers; “(B) airport sponsors and airport law enforcement agencies; “(C) other Federal agencies determined necessary by the Administrator; “(D) labor organizations representing air carrier pilots; “(E) labor organizations representing flight attendants; and “(F) labor organizations representing ticketing, check-in, or other customer service representatives employed by air carriers. “(b) Announcements.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to include in the briefing of passengers before takeoff required under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the duties of a crewmember. “(c) Definitions.—For purposes of this section, the definitions in section 40102(a) of title 49, United States Code, shall apply to terms in this section.”

Updating Passenger Information Requirement Regulations

Pub. L. 118–63, title V, § 518, May 16, 2024, 138 Stat. 1199, provided that: “(a) ARAC Tasking.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall task the Aviation Rulemaking Advisory Committee with—“(1) reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation[s], and such other related regulations as the Administrator determines appropriate; and “(2) making recommendations to update and improve such regulations. “(b) Final Regulation.—Not later than 6 years after the date of enactment of this Act, the Administrator shall issue a final regulation revising section 121.317 of title 14, Code of Federal Regulations, and such other related regulations as the Administrator determines appropriate, to—“(1) update such section and regulations to incorporate exemptions commonly issued by the Administrator; “(2) reflect civil penalty inflation adjustments; and “(3) incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appropriate.”

Surface Surveillance

Pub. L. 118–63, title VI, § 617, May 16, 2024, 138 Stat. 1229, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a review of surface surveillance systems that are operational as of such date of enactment. “(b) Contents.—In carrying out the review under subsection (a), the Administrator shall—“(1) demonstrate that any change to the configuration of surface surveillance systems or decommissioning of a sensor from such systems provides an equivalent level of safety as the current system; “(2) determine how a technology refresh of legacy sensor equipment can reduce operational and maintenance costs of surface surveillance systems compared to current costs and extend the useful life and affordability of such systems; and “(3) consider how to enhance such systems through new capabilities and software tools that improve the safety of terminal airspace and the airport surface. “(c) Consultation.—In carrying out the review under subsection (a), the Administrator shall consult with—“(1) aviation safety experts with specific knowledge of surface surveillance technology, including multilateration and automatic dependent surveillance-broadcast; “(2) representatives of the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code, with expertise in surface safety; and “(3) representatives of the exclusive bargaining representative of airway transportation systems specialists of the FAA [Federal Aviation Administration] certified under section 7111 of title 5, United States Code. “(d) Briefing.—Upon completion of the review under subsection (a), the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the findings of such review. “(e) Implementation.—The Administrator may implement changes to surface surveillance systems consistent with the findings of the review described in subsection (d).”

Ensuring Safe Landings During Off-Airport Operations

Pub. L. 118–63, title VIII, § 809, May 16, 2024, 138 Stat. 1325, provided that: “The Administrator [of the Federal Aviation Administration] shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe.”

Letter of Deviation Authority

Pub. L. 118–63, title VIII, § 814, May 16, 2024, 138 Stat. 1327, provided that: “(a) In General.—A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator [of the Federal Aviation Administration] to allow, conduct, or receive flight training, checking, and testing in such aircraft if—“(1) the flight instructor is not providing both the training and the aircraft; “(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and “(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft. “(b) Covered Aircraft Defined.—In this section, the term ‘covered aircraft’ means—“(1) an experimental category aircraft; “(2) a limited category aircraft; and “(3) a primary category aircraft.”

Consistency of Policy Application in Flight Standards and Aircraft Certification

Pub. L. 118–63, title VIII, § 821, May 16, 2024, 138 Stat. 1330, provided that: “(a) In General.—The inspector general of the Department of Transportation shall initiate audits, as described in subsection (d), of the Flight Standards and Aircraft Certification Services of the FAA [Federal Aviation Administration], and the personnel of such offices, on the consistency of—“(1) the interpretation of policies, orders, guidance, and regulations; and “(2) the application of policies, orders, guidance, and regulations. “(b) Components.—In completing the audits required under this section, the inspector general shall interview stakeholders, including at a minimum, individuals or entities that—“(1) hold a certificate or authorization related to the issue being audited under subsection (d); “(2) are from different regions of the country with matters before different flight standards district offices or before different FAA Flight Standards Service and Aircraft Certification Service offices; “(3) work with multiple flight standards district offices or aircraft certification offices of the Administration; or “(4) hold a single or multiple relevant certificates or authorizations. “(c) Reports.—The inspector general of the Department of Transportation shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives], the Secretary [of Transportation], and the Administrator [of the Federal Aviation Administration] a report for each audit required in this section, containing the results of the audit, including findings and necessary recommendations to the Administrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration. “(d) Audits.—The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than—“(1) 18 months after the date of enactment of this Act [May 16, 2024], with regard to supplemental type certificates; “(2) 34 months after the date of enactment of this Act, with regard to repair stations certificated under part 145 of title 14, Code of Federal Regulations; and “(3) 50 months after the date of enactment of this Act, with regard to technical standards orders. “(e) Implementation.—In addressing any recommendations from the inspector general contained in the reports required under subsection (c), the Administrator may—“(1) maintain an implementation plan; and “(2) broadly adopt any best practices to improve the consistency of interpretation and application of policies, orders, guidance, and regulations by other offices of the Administration and with regard to other activities of the Administration. “(f) Briefing.—Not later than 6 months after receiving a report required under subsection (c), the Administrator shall brief the appropriate committees of Congress on the implementation plan required under subsection (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly.”

Part 135 Pilot Supplemental Oxygen Requirement

Pub. L. 118–63, title VIII, § 834, May 16, 2024, 138 Stat. 1340, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to apply only to aircraft operating at altitudes above flight level 410. “(b) Considerations.—In issuing the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.”

High-Speed Flight Testing

Pub. L. 118–63, title X, § 1009, May 16, 2024, 138 Stat. 1389, provided that: “(a) In General.—The Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration], shall establish procedures for the exclusive purposes of developmental and airworthiness testing and demonstration flights, which may include the establishment of high-speed testing corridors in the national airspace system—“(1) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with supersonic speed, not later than 1 year after the date of enactment of this Act [May 16, 2024]; and “(2) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with hypersonic speed, not later than 2 years after the date of enactment of this Act. “(b) Areas of Testing and Demonstration.—The Administrator shall take action, as appropriate, to ensure flight testing and demonstration flights occur in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system. “(c) Considerations.—In carrying out subsection (a), the Administrator shall consider—“(1) sections 91.817 and 91.818 of title 14, Code of Federal Regulations; “(2) applications for special flight authorizations for flights operating at supersonic or hypersonic speed, as described in section 91.818 of such title; “(3) the environmental impacts of developmental and airworthiness testing operations; “(4) requiring applicants to include specification of proposed flight areas; “(5) the authorization of flights to and from airports in Class D airspace within 10 nautical miles of oceanic coastline; “(6) developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations; “(7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressures; “(8) the safety of the uninvolved public; and “(9) community outreach, education, and engagement. “(d) Consultation.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] on a means for supporting continued compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining compliance with such Act for 1 or more over-land or near-land hypersonic and supersonic test areas as established by the Administrator. “(e) Definitions.—In this section:“(1) High-speed aircraft.—The term ‘high-speed aircraft’ means an aircraft operating at speeds in excess of Mach 1, including supersonic and hypersonic aircraft. “(2) Hypersonic.—The term ‘hypersonic’ means flights operating at speeds that exceed Mach 5. “(3) Supersonic.—The term ‘supersonic’ means flights operating at speeds in excess of Mach 1 but less than Mach 5.”

Letter of Deviation Authority

Pub. L. 117–263, div. E, title LVI, § 5604, Dec. 23, 2022, 136 Stat. 3406, provided that: “A flight instructor, registered owner, lessor, or lessee of an aircraft shall not be required to obtain a letter of deviation authority from the Administrator of the Federal Aviation Administration to allow, conduct or receive flight training, checking, and testing in an experimental aircraft if— “(1) the flight instructor is not providing both the training and the aircraft; “(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and “(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.”

Safety Management Systems

Pub. L. 118–63, title III, § 309, May 16, 2024, 138 Stat. 1073, provided that: “(a) In General.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review the final rule of the FAA [Federal Aviation Administration] titled ‘Safety Management Systems’ and issued on April 26, 2024 (89 Fed. Reg. 33068). “(b) Applicability.—In reviewing the final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under such final rule described in subsection (a) is applied to all certificate holders operating under the rules for commuter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or licensees of a type certificate for the same product, and holders of a type certificate who license out such certificate for production under part 21 of such title. “(c) Determination.—If the Administrator determines the final rule does not apply the safety management system requirement in the manner described in subsection (b), the Administrator shall issue such regulation, guidance, or policy as may be necessary to ensure such safety management system requirement is applied in such manner.”

Pub. L. 116–260, div. V, title I, § 102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that: “(a) Rulemaking Proceeding.—“(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to the Convention on International Civil Aviation (61 Stat. 1180), for such systems. “(2) Contents of regulations.—The regulations issued under paragraph (1) shall, at a minimum—“(A) ensure safety management systems are consistent with, and complementary to, existing safety management systems; “(B) include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers’ equipment to ensure that the operational assumptions made during design and certification remain valid; “(C) include provisions for the Administrator’s approval of, and regular oversight of adherence to, a certificate holder’s safety management system adopted pursuant to such regulations; and “(D) require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management system. “(b) Final Rule Deadline.—Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final rule. “(c) Surveillance and Audit Requirement.—The final rule issued pursuant to subsection (b) shall include a requirement for the Administrator to implement a systems approach to risk-based surveillance by defining and planning inspections, audits, and monitoring activities on a continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule. “(d) Engagement With ICAO.—The Administrator shall engage with ICAO and foreign civil aviation authorities to help encourage the adoption of safety management systems for manufacturers on a global basis, consistent with ICAO standards. “(e) Safety Reporting Program.—The regulations issued under subsection (a) shall require a safety management system to include a confidential employee reporting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by employees in a manner consistent with confidential employee reporting systems administered by the Administrator. Such regulations shall also require a certificate holder described in subsection (a) to submit a summary of reports received under this subsection to the Administrator at least twice per year. “(f) Code of Ethics.—The regulations issued under subsection (a) shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees of a certificate holder, including officers (as determined by the FAA), which clarifies that safety is the organization’s highest priority.[For definitions of terms used in section 102(a)–(f) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Certification Oversight Staff

Pub. L. 116–260, div. V, title I, § 104, Dec. 27, 2020, 134 Stat. 2316, provided that: “(a) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $27,000,000 for each of fiscal years 2021 through 2023 to recruit and retain engineers, safety inspectors, human factors specialists, chief scientific and technical advisors, software and cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propellers, appliances, and new and emerging technologies, and perform other regulatory activities. “(b) In General.—Not later than 60 days after the date of enactment of this title [Dec. 27, 2020], and without duplicating any recently completed or ongoing reviews, the Administrator shall initiate a review of—“(1) the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative technologies, materials, and procedures used by designers and manufacturers of such aircraft; and “(2) the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support the programs of the FAA’s Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft. “(c) Deadline for Completion.—Not later than 270 days after the date of enactment of this title, the Administrator shall complete the review required by subsection (b). “(d) Briefing.—Not later than 30 days after the completion of the review required by subsection (b), the Administrator shall brief the congressional committees of jurisdiction on the results of the review. The briefing shall include the following:“(1) An analysis of the Administration’s ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and manufacturing. “(2) A plan for the Administration to improve the overall expertise of the FAA’s personnel who are responsible for the oversight of the design and manufacture of aircraft. “(e) Consultation Requirement.—In completing the review under subsection (b), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, human factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manufacturers. “(f) Recruitment and Retention.—“(1) Bargaining units.—Not later than 30 days after the date of enactment of this title, the Administrator shall begin collaboration with the exclusive bargaining representatives of engineers, safety inspectors, systems safety specialists, and other qualified technical experts certified under section 7111 of title 5, United States Code, to improve recruitment of employees for, and to implement retention incentives for employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and such representatives are unable to reach an agreement collaboratively, the Administrator and such representatives shall negotiate in accordance with section 40122(a) of title 49, United States Code, to improve recruitment and implement retention incentives for employees described in subsection (a) who are covered under a collective bargaining agreement. “(2) Other employees.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the Administrator shall initiate actions to improve recruitment of, and implement retention incentives for, any individual described in subsection (a) who is not covered under a collective bargaining agreement. “(3) Rule of construction.—Nothing in this section shall be construed to vest in any exclusive bargaining representative any management right of the Administrator, as such right existed on the day before the date of enactment of this title. “(4) Availability of appropriations.—Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (a).”

[For definitions of terms used in section 104 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Voluntary Safety Reporting Program

Pub. L. 116–260, div. V, title I, § 113, Dec. 27, 2020, 134 Stat. 2332, as amended by Pub. L. 118–63, title III, § 306(e), May 16, 2024, 138 Stat. 1072, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall establish a voluntary safety reporting program for engineers, safety inspectors, systems safety specialists, and other subject matter experts certified under section 7111 of title 5, United States Code, to confidentially report instances where they have identified safety concerns during certification or oversight processes. “(b) Safety Reporting Program Requirements.—In establishing the safety reporting program under subsection (a), the Administrator shall ensure the following:“(1) The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report safety concerns. “(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to their participation in the program. “(3) The safety reporting program identifies exclusionary criteria for the program. “(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of title 5, United States Code, who are employed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if unable to reach an agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the program). “(5) Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4). “(6) The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect, noncompliance, nonconformance, or process error. “(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised. “(8) The creation of a corrective action process in order to address safety issues that are identified through the program. “(c) Outcomes.—Results of safety report reviews under this section may be used to—“(1) improve—“(A) safety systems, hazard control, and risk reduction; “(B) certification systems; “(C) FAA oversight; “(D) compliance and conformance; and “(E) any other matter determined necessary by the Administrator; and “(2) implement lessons learned. “(d) Report Filing.—The Administrator shall establish requirements for when in the certification process reports may be filed to—“(1) ensure that identified issues can be addressed in a timely manner; and “(2) foster open dialogue between applicants and FAA employees throughout the certification process. “(e) Integration With Other Safety Reporting Programs.—The Administrator shall implement the safety reporting program established under subsection (a) and the reporting requirements established pursuant to subsection (d) in a manner that is consistent with other voluntary safety reporting programs administered by the Administrator. “(f) Report to Congress.—Not later than 2 years after the date of enactment of this title, and annually thereafter through fiscal year 2028, the Administrator shall submit to the congressional committees of jurisdiction a report on the effectiveness of the safety reporting program established under subsection (a).”

[For definitions of terms used in section 113 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

FAA Safety Oversight and Certification and Performance Metrics